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2021-052B
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Last modified
5/6/2021 12:38:34 PM
Creation date
5/6/2021 12:26:36 PM
Metadata
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Template:
Official Documents
Official Document Type
Contract
Approved Date
04/06/2021
Control Number
2021-052B
Agenda Item Number
12.G.2.
Entity Name
Halley Engineering Contractors, Inc.
Subject
Award of Bid No. 2021018 for Construction of 66th Ave Roadway Widening
Area
(49th St. to 69th Street),
Project Number
IRC-1505
Bid Number
2021018
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pay CONTRACTOR the amount so withheld, or <br />any adjustment thereto agreed to by OWNER <br />and CONTRACTOR, when CONTRACTOR <br />corrects to OWNER's satisfaction the reasons <br />for such action. <br />3. If it is subsequently determined that <br />OWNER's refusal of payment was not justified, <br />the amount wrongfully withheld shall be treated <br />as an amount due as determined by paragraph <br />14.02.C.1. <br />14.03 CONTRACTOR's Warranty of Title <br />A. CONTRACTOR warrants and guarantees that <br />title to all Work, materials, and equipment covered by <br />any Application for Payment, whether incorporated in <br />the Project or not, will pass to OWNER no later than <br />the time of payment free and clear of all Liens. <br />14.04 Substantial Completion <br />A. When CONTRACTOR considers the entire <br />Work ready for its intended use CONTRACTOR shall <br />notify OWNER and ENGINEER in writing that the <br />entire Work is substantially complete (except for items <br />specifically listed by CONTRACTOR as incomplete) <br />and request that ENGINEER issue a certificate of <br />Substantial Completion. Promptly thereafter, <br />OWNER, CONTRACTOR, and ENGINEER shall <br />make an inspection of the Work to determine the status <br />of completion. If ENGINEER does not consider the <br />Work substantially complete, ENGINEER will notify <br />CONTRACTOR in writing giving the reasons therefore. <br />ple+e ENGINEER EER .. gill pFepaFe and deliVer+e OWN E <br />Shall fiX the ,diate of e„hstaRtial Cempletien. TheFe <br />Gh—All he .,+ aGheal +e the Ge. -Ii -ate list of <br />items it^—hoe—GGFn letedO;—wFFested befc�e—final <br />payment. OWNER sha;II have 6eveR days after FeGelpt <br />ads IF ..hiGh to make WFi++eR <br />CNI(_INICCI7 as +e .+ pFeyisieR6 of the <br />t#....... If, after ser+sideratiea of 9WTlE�i's <br />94E1 9RG ENIGINIEERa. nsffi lero +he Wnro <br />L , ,hotnn <br />tialljhsemplete, ENGINEER ..611 ..6+hin said 14 days <br />list A -f UP -M.5; t9 be GOFnpletEld 9 <br />' $ €NGINIE€R believes justified after <br />Gemple+ion CNlQNICCI? Will aleli"er +e QAfNlCo npd <br />B. OWNER shall have the right to exclude <br />CONTRACTOR from the Site after the date of <br />Substantial Completion, but OWNER shall allow CON- <br />TRACTOR reasonable access to complete or correct <br />items on the tentative list. <br />14.05 Partial Utilization <br />A. Use by OWNER at OWNER's option of any <br />substantially completed part of the Work which has <br />specifically been identified in the Contract Documents, <br />or which OWNER, ENGINEER, and CONTRACTOR <br />agree constitutes a separately functioning and usable <br />part of the Work that can be used by OWNER for its <br />intended purpose without significant interference with <br />CONTRACTOR's performance of the remainder of the <br />Work, maybe accomplished prior to Substantial Com- <br />pletion of all the Work subject to the following condi- <br />tions. <br />1. OWNER at any time may request <br />CONTRACTOR in writing to permit OWNER to <br />use any such part of the Work which OWNER <br />believes to be ready for its intended use and <br />substantially complete. If CONTRACTOR <br />agrees that such part of the Work is <br />substantially complete, CONTRACTOR will <br />certify to OWNER and ENGINEER that such <br />part of the Work is substantially complete and <br />request ENGINEER to issue a certificate of <br />Substantial Completion for that part of the Work. <br />CONTRACTOR at any time may notify OWNER <br />and ENGINEER in writing that CONTRACTOR <br />considers any such part of the Work ready for its <br />intended use and substantially complete and <br />request ENGINEER to issue a certificate of <br />Substantial Completion for that part of the Work. <br />Within a reasonable time after either such <br />request, OWNER, CONTRACTOR, and <br />ENGINEER shall make an inspection of that <br />part of the Work to determine its status of <br />completion. If ENGINEER does not consider <br />that part of the Work to be substantially com- <br />plete, ENGINEER will notify OWNER and <br />CONTRACTOR in writing giving the reasons <br />therefor. If ENGINEER considers that part of <br />the Work to be substantially complete, the <br />provisions of paragraph 14.04 will apply with <br />respect to certification of Substantial Com- <br />pletion of that part of the Work and the division <br />General Conditions - 00700 - 34 <br />FAPublic Works\ENGINEERING DIVISION PROJECTS\1505-66th Ave Widening_49th St to 69th SM-Admin\Bid Documents\Master Contract Documents\DIV 0_4_Conditons of the <br />Contract.docx <br />
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